B-157343, AUG. 17, 1965

B-157343: Aug 17, 1965

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THE RECORD SHOWS THAT YOU WERE EMPLOYED AS A CARPENTER AT O-DONNELL LANDING FIELD. YOUR EMPLOYMENT WAS TERMINATED AS A RESULT OF ENEMY ACTIVITY. A DETERMINATION WAS MADE BY GENERAL HEADQUARTERS. THAT YOU WERE INELIGIBLE FOR BENEFITS UNDER THAT ACT SINCE YOU WERE "INTERMITTENT OR LOCAL LABOR CASUALLY HIRED.'. THE ABOVE DETERMINATION WAS SUSTAINED BY HEADQUARTERS. " THE STATUS OF YOUR EMPLOYMENT WAS DETERMINED TO FALL WITHIN THE EXCLUSION UNDERSCORED ABOVE AND THUS YOU WERE INELIGIBLE FOR THE BENEFITS PROVIDED BY SECTION 2 OF THE MISSING PERSONS ACT. SHALL HAVE AUTHORITY TO MAKE ALL DETERMINATIONS NECESSARY IN THE ADMINISTRATION OF THIS ACT (SAID SECTIONS). AS TO ANY ESSENTIAL DATE INCLUDING THAT UPON WHICH EVIDENCE OR INFORMATION IS RECEIVED IN SUCH DEPARTMENT OR BY THE HEAD THEREOF. * * * DETERMINATIONS ARE AUTHORIZED TO BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED.

B-157343, AUG. 17, 1965

TO MR. LEON L. GONZALES:

THIS REFERS TO YOUR LETTER OF JULY 2, 1965, REQUESTING REVIEW OF OUR SETTLEMENT DATED MAY 27, 1965, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, 50 U.S.C. APP. 1001 (1946 ED.).

THE RECORD SHOWS THAT YOU WERE EMPLOYED AS A CARPENTER AT O-DONNELL LANDING FIELD, O-DONNELL, TARLAC, PHILIPPINES, DURING THE PERIOD DECEMBER 1 TO DECEMBER 25, 1941. YOUR EMPLOYMENT WAS TERMINATED AS A RESULT OF ENEMY ACTIVITY. IN 1945 YOU SUBMITTED A CLAIM FOR COMPENSATION UNDER THE MISSING PERSONS ACT. ON AUGUST 28, 1945, A DETERMINATION WAS MADE BY GENERAL HEADQUARTERS, UNITED STATES ARMY FORCES, PACIFIC, THAT YOU WERE INELIGIBLE FOR BENEFITS UNDER THAT ACT SINCE YOU WERE "INTERMITTENT OR LOCAL LABOR CASUALLY HIRED.' UPON YOUR APPEAL, THE ABOVE DETERMINATION WAS SUSTAINED BY HEADQUARTERS, UNITED STATES ARMY FORCES, WESTERN PACIFIC, RECOVERED PERSONNEL DIVISION.

SECTION 1 OF THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, 50 U.S.C. APP. 1001, PROVIDES IN PART AS FOLLOWS:

"FOR THE PURPOSE OF THIS ACT * * *---

"/A) THE TERM "PERSON" MEANS * * * (3) CIVILIAN OFFICERS AND EMPLOYEES OF DEPARTMENTS DURING SUCH TIME AS THEY MAY BE ASSIGNED FOR DUTY OR SERVING OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, EXCLUSIVE OF PART-TIME OR INTERMITTENT EMPLOYEES OR NATIVE LABOR CASUALLY HIRED ON AN HOURLY OR PER DIEM BASIS; "

THE STATUS OF YOUR EMPLOYMENT WAS DETERMINED TO FALL WITHIN THE EXCLUSION UNDERSCORED ABOVE AND THUS YOU WERE INELIGIBLE FOR THE BENEFITS PROVIDED BY SECTION 2 OF THE MISSING PERSONS ACT.

SECTION 9 OF THE SAME ACT (50 U.S.C. APP. 1009) PROVIDES:

"THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH SUBORDINATE AS HE MAY DESIGNATE, SHALL HAVE AUTHORITY TO MAKE ALL DETERMINATIONS NECESSARY IN THE ADMINISTRATION OF THIS ACT (SAID SECTIONS), AND FOR THE PURPOSES OF THIS ACT (SAID SECTIONS) DETERMINATIONS SO MADE SHALL BE CONCLUSIVE AS TO DEATH OR FINDING OF DEATH, AS TO ANY OTHER STATUS DEALT WITH BY THIS ACT (SAID SECTIONS), AND AS TO ANY ESSENTIAL DATE INCLUDING THAT UPON WHICH EVIDENCE OR INFORMATION IS RECEIVED IN SUCH DEPARTMENT OR BY THE HEAD THEREOF. * * * DETERMINATIONS ARE AUTHORIZED TO BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE, OF ENTITLEMENT OF ANY PERSON, UNDER PROVISIONS OF THIS ACT (SAID SECTIONS), TO PAY AND ALLOWANCES, INCLUDING CREDITS AND CHARGES IN HIS ACCOUNT, AND ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE * * *"

A DETERMINATION WAS MADE BY PROPER AUTHORITY THAT YOU WERE NOT ELIGIBLE FOR BENEFITS UNDER THE MISSING PERSONS ACT. IN ACCORDANCE WITH THE ABOVE- QUOTED PROVISIONS OF LAW, SUCH DETERMINATION IS CONCLUSIVE AND OUR OFFICE HAS NO AUTHORITY TO RECONSIDER THE MATTER. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.